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K. SREENIVASA REDDY
Shaik Mahaboob Subhani – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
1. This Criminal Petition, under Section 438 Cr.P.C. has been filed by the petitioner/Accused No.1 in Crime No.64 of 2022 of Disha UPS, Nellore, registered for the offences punishable under Sections 498-A 313, 342, 307 r/w 34 of the Indian Penal Code, 1860 and 3 and 4 of the Dowry Prohibition Act.
2. Brief facts of the case are that, the de facto complainant is working as Woman Police Constable at Santhapet Police Station, Nellore and A1/the petitioner herein who is her husband is working as Sub-Inspector of Police in the same police station at relevant point of time. The petitioner/accused deceived the de facto complainant with his sweet words under the pretext of love and enjoyed her sexually. When the de facto complainant asked him to marry her, he refused. On reporting the matter to the higher-ups by the de facto complainant, the accused, to circumvent from being punished for the offence under Section 376 IPC, married her on 26.8.2020 in a temple. Both the de facto complainant and A1 while living together in a rented house in Podalakur Road Center, Nellore, she conceived in the month of February, 2021. The petitioner then forced her to go for abortion but she refused. The
An accused who has not been declared a proclaimed offender under Section 82 of the Cr.P.C. is entitled to anticipatory bail, even if they were shown as absconding in the charge sheet.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail may be granted in matrimonial disputes where custodial interrogation is unnecessary.
Criminal Law - Seeking to grant anticipatory bail - Section 438 Cr.P.C. protects the right to life and personal liberty of such persons by providing them with a remedy against frivolous detention. In....
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